The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) constructed a panel building on October 2012; (b) removed the building at the time under the direction of the public official in charge of the Office of Lluridong Office; and (c) installed a vinyl house with the belief of the public official in charge that the installation of a vinyl house does not constitute an unlawful act with respect to a part of the removal portion

Therefore, the date and time of the crime was erroneous, and the defendant believed the answer of the public official in charge at the time of the above construction, so there was no perception of illegality.

However, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.

2. Determination

A. Before determining the grounds for appeal by the Defendant’s ex officio, prior to the judgment on the grounds of appeal by the lower court, the Prosecutor applied for changes in the indictment to “from September 28, 2016 to January 11, 2017” among the facts charged in the instant case, and the subject of the judgment by this court was changed by permitting it. As such, the lower judgment was no longer maintained.

However, the argument that the public official's reply was believed is still subject to the adjudication of this court, notwithstanding the above reasons for reversal, and this is examined below.

B. Article 16 of the Criminal Act of determining the assertion of mistake of facts provides that an act of a person who makes a mistake that his act was not a crime under the law shall not be punishable only when there are justifiable grounds for mistake.

The phrase “” generally recognizes that it constitutes a crime but does not constitute a crime that is permitted by the laws and regulations in one’s own special circumstances, and there is a justifiable reason to mislead the perception of it.